Policy governing the request made by a party under the Official Languages Act for an interpreter – Courts martial and other judicial hearings

5203-3 (CMA)

31 May 2023

Table of contents

• Purpose of this Policy
• Requirements in coordinating requests for interpretation services – courts martial and other judicial hearings
• Annexes

Reference: 5025-1 (DCMJ) 24 Feb 2020 – Directive governing the request made by a party under the Official Languages Act for an interpreter – courts martial and other judicial hearings

Purpose of this Policy

1.    In accordance with the reference, the purpose of this Court Martial Administrator (CMA) Policy is to:

        (a) specify to the parties who want to use the services of an interpreter in the context          of the application of the Official Languages Act the obligations related to this type of         request for securing the interpretation services as soon as practicable, from the         human resources, logistical and financial perspectives; and

        (b) enable the exercise of the right of a witness to be heard in the official language of         his or her choice during proceedings at a court martial or any other judicial hearings         presided by a military judge.

Requirements in coordinating requests for interpretation services – courts martial and other judicial hearings

2.    To ensure that interpretation services may be secured for the periods of time required and to minimize the costs associated with the provision of these services, it is highly desirable that the party who requires these services (hereinafter called the applicant) provides first to the CMA, as early as possible and no later than 30 working days in advance of the period of time during which interpretation services will be required, a duly completed Interpretation Services Request Form of the Office of the Chief Military Judge available at Annex A, by specifying, namely, the following information:

        (a)    the number of witnesses who will require the services of an interpreter;

        (b)    the mode of interpretation services that will be required, either simultaneous,              consecutive or whispered interpretation services; and

        (c)    the period of time during which the services will be required.

The applicant must complete and sign the form and forward it to the CMA at one of the following e-mail addresses:
+CMA-ACM@CMJ@Ottawa-Hull; or dnd.cma-acm.mdn@forces.gc.ca.

Upon receipt of the request for interpretation services, the CMA will
inform the military judge assigned to preside at the judicial hearing of the request received.

3.     The applicant requesting the services of an interpreter must also inform, as early as possible, the military judge assigned to preside at the judicial hearing, either at the coordinating conference or the pre-trial conference for the judicial hearing, of the information referred to in paragraph 2 that will permit the judge to verify with the applicant the information submitted.

4.     It is important to submit the Interpretation Services Request Form as early as possible and no later than 30 working days in advance of the period of time during which the interpretation services will be required, considering the requirements of the Translation Bureau on human resources, logistical and financial perspectives, including the costs for last-minute requests and those fees applicable for cancellation of the requests for interpretation and technical services (Annex B).

5.     In addition to the interpretation services sought, applicants must be aware that, for simultaneous interpretation services, technical equipment, including a professional technician, must also be contracted to provide an accredited audiovisual service provider to organize the rental of all necessary standard-compliant equipment. In this case, the CMA or the court reporter(s) assigned to the judicial hearing must identify and secure the required services in the area where the judicial hearing will be conducted (see paragraph 12(3)(b) of the Translation Bureau Regulations).

6.    In order to efficiently secure interpretation services, the required technical services and equipment and to ensure effective and sound financial and operational management control of public funds are respected, an applicant is required to plan in advance and identify his or her requirements as early as possible so that the CMA and the court reporter assigned to the judicial hearing are able to take prompt and appropriate action.

7.    Upon receipt of the Interpretation Services Request Form from the applicant, the CMA will review the requirements of the request and, if necessary, consult with the applicant seeking these services. Then, the CMA will send the request for interpretation services to the Translation Bureau with the required financial information.

8.    The CMA will be charged for late cancellation fees if interpretation services are cancelled within less than 16 working days of the scheduled event. The CMA must therefore be advised immediately of any cancellation or adjournment.

9.    Where the Translation Bureau amends or substitutes Annex B shown on its official Web site, this annex will be replaced and substituted for the purpose of this Policy.

Bruno Noury, CD
Court Martial Administrator

Annexes: